The Cases that India Forgot

by Chintan Chandrachud

Can a state Legislature imprison a critic and summon a high Court judge to appear before it? Are religion-based personal laws above fundamental Rights? Why did the Punjab police organize a band to celebrate the defeat of the state in a case of sexual harassment? Is it legal for the government to arm untrained private citizens to participate in counter-insurgency operations? How did Parliament come to pass the first Amendment to the Constitution allowing for caste-based reservations? And why did the Supreme Court acquit a rape accused on the basis of the victims sexual history? In this book, constitutional expert chintan chandrachud takes us behind the scenes and tells us the stories of ten extraordinary and dramatic legal cases from the 1950s to the present day that have all but faded from public memory. Written in a lively, riveting style, this book has a cast of characters that includes the who’s who of the Indian legal system. It also paints an unexpected picture of the Indian judiciary: the Courts are not always on the right side of history or justice, and they don’t always have the last word on the matters before them. This entertaining book is an incisive look into the functioning of Indian institutions.

Genres: Nonfiction, India, Law, History, Politics, Legal, Indian Literature

256 pages, Paperback

Published November 30, 2021

Reviews

[Radhika Roy · Rating 4 out of 5]

I was definitely not expecting much out of this book; in fact I reckoned it would merely summarise ten random cases in the easiest manner possible. Fortunately, this turned out to be an interesting, easy and quick read.

Chandrachud has managed to pick ten cases that we all have been acquainted with, but have never bothered to comprehend their repercussions. From Kartar where the SC placed national security on a pedestal in the unsuccessful challenge to TADA to the R.D. Bajaj case which cemented sexist rape victim tropes, Chandrachud has cited ten cases which have managed to jolt our memory by taking us back to the collective failures of the judiciary and State machinerjes.

One can say that by the end of the book, the reader is left with a sense of despair because even the cases wherein the Supreme Court does not abdicate its duty, the Govt. steps in to undo the hard work, or the SC fails to reinforce its own judgement.

Hopefully (and I’m being quite an optimist here), reading these cases might provide a push to our functionaries to no longer remain as sitting ducks.

[Mansi · Rating 4 out of 5]

book takes up 10 not so well known but important judicial cases.
the cases it takes up are ;
I. Politics:
Keshav singh case :
28 judges were allocated to hear this case in the Allahabad high court (less than half were allocated in the iconic Keshvanada Bharati case) . A tussle between the legislative assembly and the court was being settled; the privileges of the assembly were being decided. Article 211 ( absolute prohibition on discussion of conduct of judges was taken up. It is paradoxical, as pointed out in the book that even today the privileges are not codified but remain tied to the house of commons are they were in 1950. They have little to gain and more to lose by such a codification.

Minerva mills case
Before reading about this case I used to think Minerva Mills is the name of a lady. It is the name of a mill which was to be nationalized. Amendments taken under 42nd amendment were sought to be dislodged by N. Palkhivala. amending the constitution itself was a basic feature of the constitution ; the exerciser of a limited power could not, by the exercise of that very power , convert it into an unlimited one ,he argued. Articles 31 C, giving way to an amendment to fulfill the DPSP was deemed invalid also.

Rameshwar Prasad Vs UOI
The case of the dismissal of a hung assembly in Bihar and the notification of the Governor Buta Singh to convene fresh elections because of speculations over horse trading. This is the case over which Prez Kalam offered resignation when it was criticized in court , perhaps because he had become an unwitting accomplice to the political agendas of the UPA govt.

II. Gender

Tukaram vs State of Maharashtra.
the rape of a tribal girl , Mathura in police custody. SC gave a disappointing prudish and patriarchal verdict ; with a flawed understanding of 'consent' and submission. The SC also prepared a prejudicial writing reasoning that the Indian women were different from the women in the West and were unlikely to concoct an allegation of sexual assault.

r.d bajaj vs kps gill anti-terrorist hero is a sexist chauvinist :)

III. Religion
the Champakam Dorairajan
about the pre constitutional Madras Communal G.O. Discusses the whole idea that reservations should not be seen as an exception to , but rather as a facet of , the right to equality.
Narasu Appa Malli V State of Bombay
Very old judgement of bombay high court (1951) that made all un-codified personal law immune from fundamental rights. Perhaps conceived as a transitory judgment which would be over ridden if an UCC was enacted.

IV. National Security

Kartar Singh Case
related to the draconian TADA
Naga People's movement
AFSPA in 1958 and subsequent rulings .
Nandini sundar V State of Chatisgarh
About the Salwa Judum where the state seems to have established an armed civilian movement to counter naxalites.


The narration was lucid and i could finish the whole book in one go.

[Ragini · Rating 5 out of 5]

An excellent selection of legal cases important to the history of India as we know it. It works beautifully as an accompaniment to Zia Mody's 10 Judgements That Changed India. Although, the language of this book is much more accessible to the lay reader. Chandrachud has a knack for contextualizing and narrativizing the cases and it is evident that he starts with a deep love of the law and a profound awareness of its role in a nation's history.

[Venky · Rating 4 out of 5]

The Supreme Court of India has been accorded an institutional status that is hallowed, and a respect that borders on the reverential. While the Apex Court has distinguished itself with a plethora of judgments, ranging from the seraphic to the sublime, there have also been instances where the highest judicial body of the land has found itself taking positions antithetical to the general tenets of not just the expositions of the Constitution, but also, expediency itself. It is in these latter instances that the last bastion of justice and the bulwark of righteousness has displayed a surprisingly scant regard to the principles of even handedness and righteousness. Thus, the iridescence of a Maneka Gandhi is accompanied by the intransigence of a Mathura, and the dazzling brilliance of an Olga Tellis is dampened by the disappointment of a Kartar Singh.

In a concise yet lucid compilation, Chintan Chandrachud, an associate at the London Office of Quinn Emanuel Urquhart & Sullivan LLP, and a PhD from the University of Cambridge, sews together a summary of ten cases where the Courts failed to find their métier. Nine out of ten cases cobbled together in the book were settled at the level of the Supreme Court whereas the remaining verdict was issued by the Bombay High Court. So here goes the hall of infamy:

1. Keshav Singh v Speaker, Legislative Assembly

A case of a pamphlet ‘distributing’ havoc, Mr. Chandrachud begins his book with the discussion involving a case which, considering the phalanx of characters involved and the confounding confusion enveloping it, makes it singularly unique. In Mr. Chandrachud’ s own words, “Who would have thought that a pamphlet distributed by a local politician would paralyse administrative machinery, strain relations between state institutions and provoke a constitutional crisis? This is precisely what happened in 1964. It took the collective efforts of several Supreme Court judges, high court judges, MPs and MLAs, and, ultimately, the prime minister and chief justice of India to restore equilibrium.”

The offending pamphlet in question, bearing the dramatic title ‘Exposing the Misdeeds of Narsingh Narain Pandey’ cast aspersions and corruption allegations on Pandey, a Congress party MLA. Signed by its three authors, it was distributed locally in Gorakhpur as well as in the vicinity of the legislative assembly in Lucknow. Following recriminations and consternation, the pamphleteer, Mr. Keshav Singh was initially arrested and then let out on bail. What followed was absolute mayhem. The speaker of the Lucknow Assembly, indicating that those directly associated with the order – including Singh, his lawyer Solomon, and Justices Beg and Sehgal – had breached the privileges of the assembly. The assembly passed a resolution by an overwhelming majority that Singh remain in prison and be brought back to the assembly to answer for the petition filed in the high court. The resolution also ordered that Solomon and the two high court judges be brought in custody before the assembly. Astoundingly, a Bench of twenty-eight judges was allocated to hear this case. This was the largest number of judges allocated to decide a case in a high court or the Supreme Court at the time. This record still stands over five decades later. A presidential reference made under Article 143 of the Constitution to enable the President to seek the opinion of the Supreme Court on questions of law or fact. Mr. Chandrachud dissects how the legislature is bereft of authority to initiate proceedings against a judge.
As the author concludes, “This case is worth remembering – if for nothing else, to demonstrate how easily constitutional institutions can turn against one another and, equally, how difficult problems are best solved through statesmanship rather than brinksmanship.

2. Tukaram v State of Maharashtra

A damning example of nauseating patriarchy, this case involved the custodial rape of a helpless woman, which when highlighted to the highest Court of the country, attained a misogynistic colour. The Supreme Court acquitted the rape accused, banking its rationale on the victim’s past sexual history. A throwback to chauvinism, this case represented all that is wrong with the judicial system of out country. Stung by an overwhelming public uproar and outrage that followed, years after the abominable verdict, a Law Commission was instituted to reform the law relating to rape. The Commission recommended a minimum sentence for rape to be seven years in most instances, and ten years in some others – with the maximum sentence being life imprisonment.

3. State of Madras v. Champakam Dorairajan

A very interesting case that dwells on the perennially touch subject of “reservation”, State of Madras v Champakam Dorairajan led to the State passing the First Amendment of the Constitution in order to permit caste-based reservation. Intervening in the matter, the Supreme Court, placing the fundamental rights on a pedestal over and above that of the Directive Principles of State Policy, decided that such reservations were in gross violation of Article 29(2) of the Constitution of India. The Supreme Court also held that \reservations were an exception to, rather than a part of, the fundamental right to equality.

4. R.D. Bajaj v K.P.S. Gill

“On Wednesday, 27 July 2005, senior civil servant Rupan Deol Bajaj’s quest for justice finally ended. The Supreme Court confirmed the conviction of K.P.S. Gill, the ‘supercop’ who ended the militancy and Khalistan separatist movement in Punjab, for slapping her on the bottom at a party in 1988. This was the culmination of a legal process that was neither swift nor easy. It involved no less than eight judgements over a period of seventeen years; decisions by several senior judges; complaints to bureaucrats, by bureaucrats, against bureaucrats; and claims of government secrecy and privilege. In the time that the case meandered from one court to the next, India had seen eighteen chief justices and nine prime ministers. And yet, the legacy of this case remained highly contested.”
It is downright obnoxious to note that a person enjoying the privileges accorded by the highest echelon of power was able to bring its entire machinery to bear in overpowering, to a significantly unfortunate extent, unparliamentary deeds and behaviour unworthy of any gentleman.

5. Kartar Singh v State of Punjab

Following a spate of separatist movements in Punjab, the dreaded Terrorist and Disruptive Activities (Prevention) Act was passed by the Parliament. A draconian piece of legislation, “TADA altered existing procedural safeguards by making confessions to senior police officers admissible. Defendants anticipating arrest could ordinarily apply for ‘anticipatory bail’ (a direction for release of the person on bail even before they are arrested). TADA not only negated the right to apply for anticipatory bail, but also made it more difficult to secure bail after arrest. Criminal appeals would normally proceed from the subordinate criminal courts to the state high court, with a further appeal to the Supreme Court. TADA eliminated one layer of appeal, by denying rights of appeal to state high courts and providing for direct appeal to the Supreme Court.”

The Supreme Court however upheld the legality of TADA by citing national security to be of paramount importance and nothing could compromise the same. Feeble overseeing measures were attempted to be institutionalized so that a proper watch could be implemented upon the potential nefarious deeds of law enforcers.

6. Naga People’s Movement of Human Rights v Union of India

What TADA was to Punjab, the AFSPA was to the North Eastern States. Enacted in 1958 in response to insurgency and demands for self-determination in the Northeast, the law was justified by G.B. Pant, the then home minister on grounds of necessity and quelling of armed rebellion. All of seven sections, this tiny piece of legislation enabled the governor of the state (and later, also the central government) to declare any part of any state (or indeed, the whole of the state) to which it applied as a ‘disturbed area’. However, the deadliest outcome of this enactment was the quartet of doom. The licenses to kill, destroy, arrest and search.

The same rationale as employed in the case of TADA was also used to justify the legality of the AFSPA as well. Under the garb of national security, the Supreme Court tuned a blind eye to a raft of human rights transgressions committed by the law enforcers that induced a sense of trepidation amongst the North Eastern populace.

7. State of Bombay v. Narasu Appa Mali

The only case in Mr. Chandrachud’ s book that is not the part of Supreme Court deliberation, the judgment of Narasu Appa Mali was delivered by two judges of the highest caliber, Justice M.C. Chagla and Justice Gajendragadkar from the Bombay High Court. This case involved an analysis of personal law and whether they ought to be insulated from the fundamental rights in the event of a conflict between the two. Several Hindu men were charged with offences of bigamy under Bombay’s bigamy law – the Bombay Prevention of Hindu Bigamous Marriages Act of 1946. This law not only made bigamous marriages invalid among Hindus, but also made it a criminal offence (punishable with up to seven years in prison) for those that entered such marriages. The cases involving these Hindu men yielded a range of different outcomes.

The distinguished judges choose to accord priority to religion-based personal laws over the enshrining and fundamental principles and rights as enacted by the Constitution.

8. Minerva Mills v Union of India

Argued by the brilliant and incomparable Nani Palkhivala, Minerva Mills is a landmark decision in the annals of Indian judicial history. Having a timeless relevance, the case dealt with the unfettered powers of The Parliament to amend the constitution through sections 4 and section 55 of the 42nd Amendment Act 1986. With an avowed objective of preserving and protecting the basic structure of the Constitution, the Apex Court struck down those sections in this case.

“The hearing took place before a bench of five judges of the Supreme Court, headed by Chief Justice Y.V. Chandrachud. Justice Chandrachud formed part of the group of judges that rejected the basic structure doctrine in the Kesavananda case. Also, on the bench were Justices A.C. Gupta, N.L. Untwalia, P.N. Bhagwati and P.S. Kailasam. The hearing lasted twenty days, from 22 October 1979 to 16 November 1979.”

The incandescent Palkhivala posited three pillars of arguments in trying to convince the Supreme Court to dismantle the amendments. First, ‘the donee of a limited power cannot, by the exercise of that very power, convert the limited power into an unlimited one’. Doing so, would permit Parliament, a creature of the Constitution, to become its master. Second, the limited amending power was itself a basic feature of the Constitution. Following the court’s decision in the Kesavananda case, Parliament had no authority to disturb that feature. Third, by emphasizing that no court would have the power to pronounce upon the validity of a constitutional amendment, the amendment damaged the balance of power between the judiciary and Parliament.

9. Rameshwar Prasad v Union of India

The Supreme Court, in this case had the opportunity to review the constitutional validity of the Union's dissolution of the Bihar State legislative assembly and the consequent proclamation of President's rule under Article 356 of the Constitution. The Court held that the dissolution of the State assembly and the proclamation of President's rule was unconstitutional and declared that it had the power to restore a dissolved assembly in an appropriate case. But in a peculiar twirl of events, since elections to the Bihar assembly had been notified prior to the decision of the Court, it refrained from restoring the State assembly in this case. One of the criticisms of the decision, as expostulated by various learned jurisprudence experts is that the Apex Court not only incorrectly identified the stage at which a legislative assembly comes into existence, but also incorporated a hierarchy into the Constitution thereby making a legislative assembly dependent on the executive.

10. Nandini Sundar v State of Chhattisgarh

The book ends with a case where scant heed was paid to the directives issued by the Apex Court and where the highest decision-making body in the country was thoroughly rendered helpless in giving effect to its own pronouncements. The compliance took the form of mere lip service as the offending parties continued relentlessly with giving teeth to an armed civilian movement to counter the pernicious threat of Naxalites.

[Rachit Nimavat · Rating 5 out of 5]

Ten cases that India forgot, but shouldn't have forgotten. Each case has a layperson-friendly essay providing the context, arguments, judgement, and consequences.

[Vertika · Rating 3 out of 5]

simple, crisp, fact based book w almost no personal perspective which is a good thing imo

[Ribhav Pande · Rating 5 out of 5]

Good book for a light read. But its significance is two-fold: adding to the discourse around important cases, but more importantly, serving as a bridge between law and the common man. The language in the book has been made deliberately simple and the narrative makes for a very engaging read.

The title is self-explanatory, and the author takes up 4 categories of cases: Politics, Gender, Religion and National Security.

In Politics, he discusses the famous case of Keshav Singh where a man defied the UP Legislature which led to a major constitutional battle, and the highest bench strength in India ever- 28 judges on a single case! The Minerva Mills case is one of the most significant SC cases and therefore not forgotten by lawyers, but maybe by the world outside the legal world. This case undid all the damage Indira Gandhi did in the infamous 42nd Constitutional Amendment, which was left out by the 44th. In Rameshwar Prasad's case, Bihar government’s crisis of 2005 is well brought out- the denial of forming a majority to the BJP-NDA group, where horse-trading was in full swing.

In Gender, he discusses Tukaram v. Maharshtra, a tragic rape case of 1972 where the whole machinery did not accept the victim's testimony of rape in judicial custody. After major outrage, the law was changed but the victim never got her justice, could only relocate and start life afresh. It tells us how the concept of justice may not always do justice by the victim. In RD Bajaj v. KPS Gill, the famous star police officer was convicted for slapping a woman IAS officer's bottom. This took years, and ultimately led to only a fine, but the tale of a powerful woman's fight against a more powerful man is a powerful tale in itself.

In National Security, he discussed Kartar Singh v. Punjab, TADA is discussed in detail, with all its issues and the boogeyman of national security exceptions. In Naga People's Movement of HR v. UOI, AFSPA is discussed and in Nandini Sundar v. Chhattisgarh, Salwa Judum's history, striking down and defiance of court orders is laid out.

All in all a good book for a quick read. I always like a book or article that explains the backgrounds to cases, which really puts them in perspective.

[Girish · Rating 4 out of 5]

This is one of those books that makes you wish you had paid more attention in Civics classes. The book covers some of the cases that demonstrate the difficulty of the judiciary system in meting out "justice" without violating the constitution.

The first section of cases that were focussed on the dynamics between the legislature and judiciary was a bit heavy on the legalese. Yet, they also help understand the evolution of the current legal system from the British system, that occasionally seems to be arresting politicians.

The second section has two powerful cases - the Mathura rape case where justice was grossly denied and the case of a female IPS officer who took on a man in power for sexual harassment. Both the cases exposed the bias of the judicial system towards stereotypical "Indian woman" which needs an urgent revamp. I hope things are better now and these were exceptions and not the rule.

The third section on human rights is a much more important debate. Several draconian laws like TADA and AFCOS that have benefitted from delays in the justice system, have lead to exploitation. The interpretation of the laws are more important than the laws themselves - and so we are lead to believe lawyers will figure out the loopholes. The system is far from perfect - but it is the best we have.

Revealing read.

[Narendrāditya Nalwa · Rating 4 out of 5]

Ten impactful cases that are seldom discussed are neatly articulated in this book, though I'm uncertain whether Champakam Dorairajan case and Minerva Mills case are "forgotten" enough to be included in the list.

[Narayanan S · Rating 5 out of 5]

Lovely book. Wonderful selection of cases. written by a very famous legal luminary from a legal family. Only relevant details of the cases and how they impacted the country, how they influenced future judgements, how the courts and judges can make mistakes, how the thought process of various players in such circumstances happen are all elucidated in a concise yet unhurried manner.
I read the book - around 150 pages - in 2-3 hours. Excellent read.

[E.T. · Rating 4 out of 5]

Interestingly, half of the 10 “forgotten” cases had judgements that continue to baffle and embarrass. The cases on national security seemed to scream “state capacity” in terms of legal and policing capacity. How can AFSPA remain in place for decades, how did TADA remain in place for years ? What is the point of having the right to liberty at all if the legislature prefers shortcuts and the courts sanction those shortcuts ? As a nationalist, the sovereignty of my country is dear to me, but so are my fellow Indians.
Similarly, M.C. Chagla and co. shielding “personal” laws was beyond me !! Wonder if a “personal law” allowed one to get away with murder, they would allow it too ! A lot has been said on this topic already which has been perverted by the pervert “left-liberals”.
Coming to the book itself, while the selection was good and the writing style was lucid, I would have liked more explanation. Hope the author does so in future books that I look forward to.
Picked this up on the recommendation of a friend. The second such excellent book picked up this book on just one friend’s rating on goodreads :)

[Sookie · Rating 4 out of 5]

This is a tidy little collection of legal battles that took place across diaspora and different times that have impacted the way we view certain aspects of legal systems and humanities. While there is a case that exposed the intricacy of the judiciary system in itself - Minerva Mills case, there are those cases where the country stood by and watched, debated and mocked a woman who stood up for herself when a man smacked her butt in a private party and she reported it as assault. Bajaj vs. Gill. The cases were much debated the time they were reported, and somehow few of them have been forgotten over the years - Dorairajan case - the impact of which is still ringing everywhere and the word 'reservation' became came to mean different colloquially in our country.
I am very surprised and impressed to see Naga movement case and everything that followed as they don't get the national attention that it needs and to be heard.

For a layman like me, this book works well. The cases are given introduced at first with sufficient background and then the conflict is presented. Once the conflict is presented, the legal problems are then put in front of the readers. From there the author untangles the case as it happened in a succinct manner. I must confess I don't know everything about these cases and my knowledge on them were very superficial. Perhaps not everything here is as presented and a lot of it is missed while compressing for this book. Be that as it may, reading this book was a good learning experience.

[Ankita Goswami · Rating 4 out of 5]

India, the world's' largest' democracy, perhaps fittingly, also has the world's longest constitution. The task cut out for its interpreter and "guardian", the judiciary, is therefore not an easy one. Chintan Chandrachud's 'The Cases That India Forgot' highlights 10 court cases, most of them constitutional law cases, that many may not be aware have shaped several important laws and policies as we know them today. From cases covering sexual harassment laws to reservation to AFSPA, the book shows how courts deal with legal questions, and how they are not completely immune to making errors either.

The writer, who belongs to "judiciary royalty" [grandson of a former Chief Justice of India (CJI) and son of a would-be CJI], narrates each of the cases in an extremely accessible manner. Though legal jargons like 'harmonious construction' are used without explanation sometimes, it's mostly written in non-legal English and provides plenty of context for regular readers, making it a quick and easy read for everyone, including teenagers. For those like me who studied or is studying law in India, for whom most of these cases aren't 'forgotten', the book adds interesting titbits that judgments and academic books don't usually bother to include.

On the 72nd anniversary of the adoption of our Constitution today, this book helped me remember how comprehensive and wonderful our Constitution and constitutional values are. They should NEVER be marred by political ill will.

[The Conch · Rating 4 out of 5]

In the year 1964, a resident of Gorakhpur, Uttar Pradesh of India, Mr.Keshav Singh, distributed pamphlets about corruption of a Congress politician. He was ordered to appear before state assembly at Lucknow. He failed to do so and was arrested and produced before assembly and finally sentenced for imprisonment of seven days. However, just one day prior to his release, a petition filed in the high court and high court ordered for release. After that a spectacular skrimish started between two constitutional institutions, legislation and judiciary. "In the speaker’s view, the high court’s order undermined the assembly’s exclusive authority to address a breach of its own privileges." Justices filed petition against state assembly regarding violation of constitution. The battle encompassed Supreme Court and Prime Minister too.

Many such unique cases like Minerva Mill, Bajaj and KPS Gill, Naga people movements etc. have presented like in lucid language for common non-legal readers.

This book contains ten forgotten cases which highlights failure, success and sometime struggle of Supreme and High Courts of India where assembly or parliament is involved.

[Abhilash Baranwal · Rating 5 out of 5]

As the author himself says the choice of 10 cases that are consequential and yet India forgot will vary with individuals, but the cases taken up in the book are of immense importance. Credit goes to the author in presenting the cases in an extremely simple and yet useful manner that the book can find place on bookshelves of the common man and the lawyers alike. Crisp presentation coupled with insightful analysis of core questions involved make this book a must read for those interested in Civil and criminal jurisprudence of India.

[Hemanth · Rating 3 out of 5]

Chandrachud keeps the narrative interesting. While I have read/heard of most of the cases, the case relating to the conviction of KPS Gill for sexually harassing an IAS officer and Keshav Singh's case is truly "forgotten" or rather, not popular. Even though the Book lacked a legally nuanced analysis, the same can be forgiven as this is a book for the general public. Found quite a few interesting chapters. Planning to read those judgements in full.

[Gaurvi · Rating 4 out of 5]

This book is a great insight into some of the fairly significant judgments of our country for people who are not from the legal background. A very succinct description exempt from legal jargon and hence an easy read. The book also contains author's views on the cases included and is not just a reproduction of the actual decisions, hence raising some crucial questions on the integrity of the judiciary.

[Em*Greedy* (Iniya) · Rating 3 out of 5]

Was a tough read at times due to all the legalities, but ovarall a good read

[Poonam Dangi · Rating 5 out of 5]

A rare nearly-perfect non-fiction book, enjoyable by lawyers and non-lawyers alike. The well researched socio-politico context provided by the author gives insights into how the case progresses in Supreme Court, regardless of its merits.

Sadly these cases are all but forgotten today when Supreme Court continues to grapple with questions on AFSPA, National security vs. Personal liberty, freedom of speech & expression, among other things, with no imminent end in sight.

[Chandar · Rating 4 out of 5]

Very entertaining and eminently readable book! Shows the working of the judiciary (both, the laudable and the lamentable parts!) and the Indian genius for extracting mountains out of molehills - innocuous cases producing far-reaching and lasting effects.

[Chandana Kuruganty · Rating 5 out of 5]

"The greatest error ( of Judiciary/ Executive/Legislature) lies in the failure to make course corrections despite ample opportunity."

Perfect collection of forgotten cases, strong narration, legal nuances followed with simple explanations along with a qualitative impact assessment is what I loved about the book. However, this book requires moderate level knowledge on articles of constitution, Indian Penal Code and Indian Legislative Acts to appreciate the context and circumstances better.

Overall, the book fulfills Chintan Chandrachud's hope that it is not only to remember but also to reflect and question the importance of our fundamental and legal rights as a Citizen of a Sovereign Socialist Secular Democratic Republic.

[Geeta Ramani · Rating 1 out of 5]

Chintan Chandrachud, finds it difficult to shed his legalistic style of writing and for a layman, his book, "The cases that India forgot" is 'hard to read and difficult to understand'. I was unable to read beyond a few pages and sadly had to give it up, after several unsuccessful attempts.

[Nikhil · Rating 4 out of 5]

The Indian Constituent Assembly was quite prescient in the risk of concentrating too much power on the elected parliament or the executive which derived from it. Hence it created the Judiciary as a third and equally powerful and Indepedent branch of the government.

Over the years, we have heard of cases where the judiciary has stepped up to its self-assumed role as a guardian of the Constitution, in instances of over-reach by the Executive, ably supported by a pliant legislature. A good sampling of such cases is available in Zia Mody’s Ten Judgments That Changed India.

Chintan Chandrachud’s ‘The Cases That India Forgot’ is a good follow-on that helps brings to light many other such instances, in some cases even taking the discussion forward. An interesting case in point is the Minerva Mills case where the same Justice YV Chandrachud, who dissented against the basic structure argument then, came out as the champion of the Constitution, striking down the Parliament’s attempt to give itself unlimited powers to amend the Constitution.

What stands out in this book is the range of cases that the author brings out for our consumption. From politics to gender issues to religion.

What is also interesting about the book is the author’s boldness in taking on the courts and criticising decisions where they failed to uphold their role as the guardians of fundamental rights or constitutional liberties. One sees that time and again in cases like Mathura, the woman who got raped inside the police station, or the various times when the Courts accepted the bogey given by the governments of the day and ruled against basic liberties in the name of national security e.g. AFSPA or TADA.

Where I think the author fails is that he does not spend enough time to explain the specific cases or the details of the arguments made in favour or against, something that Zia Mody’s book does with aplomb. Hence, the reader is unable to often contextualise the judgment as in the case of Kartar Singh or the Nandini Sundar case. In the attempt to dumb down the book for the lay reader, he lost out the more interested readers.

[Shewatabh Chatterjee · Rating 4 out of 5]

The book mentions ten not-so-popular cases in independent India's history, but all of them had profound effect on the nation. The language is easy, true to the authors claim in the preface where he complaints how lawyers always write in complicated language and this book is meant to break that tradition.

The cases are actually quite interesting, highlighting the fallibility of the supreme court, and underscoring how the most eminent judges could find themselves in the wrong side of history and pronounce regressive judgements, sometimes even defending draconian laws in the garb of national security. It also depicts the tussle for power between the judiciary and the legislative bodies, the idiosyncrasies of Indian bureaucracy that can transform a local level political crisis into a national constitutional crisis.

[Neha Singh · Rating 4 out of 5]

This book gives a lucid narration of the 10 cases in India to remember. My favourite among these cases are:

Mathura rape case. A young girl gets raped by two policemen. Despite Bombay high courts progressive judgement of 5-year sentence that says the passive submission due to fear cannot be interpreted as consent, the SC acquits the accused. In a patriarchal ruling, judges noted that because of her sexual history she might have consented whereas the police officer’s sexual history is evidence of the absence of rape. In the aftermath of the judgement, many women’s groups are formed eventually leading to reforms in rape laws, but sadly Mathura never gets the justice she deserved.

Narasu case. In an attempt to uphold the prohibition of bigamy for Hindu men in a newly independent India, the Bombay high court establishes all un-codified personal laws above the fundamental rights (to make Muslim personal law out of the perview of its decision) in a hope that it will get struck down in coming years which (strangely) is upheld to date. In as recent as the instant triple talaq case (2018), the court could have overturned the Narasu and abolished the triple talaq practice on the grounds of equality. But, it chose to reach the same conclusion on the ground - that instant triple talaq was not integral to Islamic practice and was therefore not part of personal law at all.

[Jawahar Surti · Rating 4 out of 5]

I was shocked to learn that personal law is above Constitution and that the learned judiciary didn't/couldn't do anything about it while they had an opportunity! And the things being done in the name of national security was also disturbing. It may have its positives in some selected cases but who decides that? Another aspect not related to the book, the judges have different judgements with the same set of evidence! And people take it in stride. But when it comes to medical profession, people don't take it in the same spirit that doctors can opine differently as far as the treatment is concerned! Of course the court rules in favor of the doctor if the treatment modality is an accepted one in textbooks. But by then the damage is done!

[VIKRANT WAGHMARE · Rating 5 out of 5]

This is very captivating book. It's a must read for every person who wish to understand the law & judicial system.

This book gives right & just reference to the most agendas such as Women's Modesty, Consent for sex, National Security, Reservation vs Merit etc. which are discussed & presented with aggressive tone & with spices in media, movies, debate competitions.

One must read about these battles fought well within the system and save oneself from misinformation. The reader of this book would definitely be adding a new dimension to it's knowledge, personality, maturity & sensetivity.

Happy Reading!!!

[Prabhat sharma · Rating 4 out of 5]

The Cases That India Forgot (Kindle Edition) by Chitan Chandrachud- The author holds a PhD from Cambridge and PG Degree from Oxford and Yale. He has written another book Balanced Constitutionalism : Courts and Legislature in India and UK. The book scribes 10 leading cases- three on politics, two on gender, two on religion and three on national security. The book describes the details in a language which is easily understandable by the common reader. Readers can identify with the issue and continue to read to the end. The Book's cover shows opinion of Important Indian advocates- Zia Mody, Fali S Nariman, Harish Salve and journalists Karan Thapar about the book. Juggernaut- the publisher- has planned a good strategy to attract the buyer to see the cover of the book and be charmed to purchase the book. The contents of all 10 landmark cases make interesting reading for all. It is a must read for all.

[Ayush · Rating 5 out of 5]

The book made me realize how less I know of our constitution.

The book covers a variety of topics from national security to gender to state vs court etc. It's a very simple presentation of what I am sure would be complex judgments and the story behind them. I particularly was intrigued in learning about the Keshav Singh case, Kartar Singh, Narasu, Tukaram, etc.

The read did seem a little technical in certain parts where there is too much referencing to the constitutional sections, but that is more of my lack of knowledge rather than book delivery.

[Allokik Pranshu · Rating 5 out of 5]

One of the most influential books to read. The book takes you to a journey of critical assessment of the functioning of the Indian judicial system throughout these 7 decades after independence. The book sows the seeds in the intellectual minds to question the judiciary and its approach on arriving at a decision which may affect the entire country and the upcoming cases to be heard.

Overall the book is a gem , it is easy to read, comprehend and makes the case readings very interesting.